Posted by bc on December 02, 2009 at 16:16:09 from (65.66.85.240):
In Reply to: O/T What would you do posted by 37 chief on December 02, 2009 at 11:55:19:
Separate issues here Stan.
1. They are investigating your wife to determine if they should file leaving the scene of an accident and other serious traffic violations or felony charges against her. A traffic/criminal matter for which she would want and have to hire her own attorney as insurance won't pay for that. The woman is claiming injuries from the hit and run. Two days in the hospital may have enough injuries to warrant felony charges such as aggravated battery and felony fleeing and alluding. And the cops want to talk to your wife to see if she was drinking or taking prescription or illegal drugs so maybe they can get a DUI out of it as well and further add to all their charges. Tiger Woods ring a bell?
2. Immediately contact your insurance agent/adjuster or whatever 800 number they use and file the claim or describe what the bogus claim was. Don't wait for a lawsuit as your policy probably has an immediate notification clause. For lack of notification till a lawsuit is filed, they could but probably won't deny your defense. However your insurance adjuster will want to nip this claim in the bud before it gets to far so let them do their job. He will go out and look at the vehicles, get medical records, police reports, etc. They can get doctors to determine if the injuries are consistant with the claim. Let them do their job.
3. If a cop came to my door that way and not having talked to my wife to see what happened, I'd tell him I'll contact the insurance company so we can investigate it together with him but it sounds like a bogus claim to you. Then I'd say this (which always bugs them), "since we are working together on this investigation, will you provide me a copy of your reports or other evidence you've collected". If he needs insurance verification and her DL and registration, like Tiger Woods, I'd tell him you will bring it by or have an attorney handle it for you. I wouldn't let him in the house or your wife come to the door. Once you invoke your right to an attorney, they should stop asking questions but they don't. You just need to keep after them that you want to talk to your insurance company and attorney first till they stop asking.
Same goes for your wife. She shouldn't talk to them at all. Just a simple statement from her like "I was at the store but didn't hit anyone" gives them half their case. Now they don't have to prove your wife was there. Might be enough for the cop to start writing tickets or arrest her. Then it becomes a she said/she said regarding the accident. She might have had a car load of relatives and friends ready to say your wife did it. And you don't know yet what other witnesses were there and what they said or if there is any video. Most stores have video surveilance in their parking lots so just keep your mouths shut and let the insurance adjuster dig for that stuff.
Just like Tiger Woods, most people need to hire a criminal attorney just to keep the cops off their backs as they can't talk to you any further. Cost you some bread but may keep charges from being filed. When I am hired for these situations, I send a letter to the police telling them they can't talk to my client at this time and to provide me with copies of their investigation so we can work together. I have a perfect track record on these where we never hear from the cops again as they give up when they have no statements from the accused person linking them to anything. Cops don't like to get into she said/she said arguments either unless they can pin something on someone. Besides anything a client says usually gets twisted around in the police reports to make it sound worse so it doesn't do any good to talk.
Regarding her car, if it was in the driveway, then he probably already looked at it. Probably not much you can do if he stands in the street and takes pictures but I'd tell him he can come back for pictures depending upon what the insurance company and attorney say.
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